News & Analysis as of

Loper Bright Enterprises v Raimondo Employee Retirement Income Security Act (ERISA) Chevron Deference

Carlton Fields

DOL ESG Rule Withstands Demolition of Chevron Deference

Carlton Fields on

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court knocked down Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., leaving the doctrine of Chevron deference in rubble. The doctrine stated that, when a...more

A&O Shearman

Texas court upholds Biden administration’s rule on ESG Investing for ERISA fiduciaries

A&O Shearman on

In a recent decision by the U.S. District Court Northern District of Texas, Judge Matthew J. Kacsmaryk ruled that the U.S. Department of Labor’s 2022 Rule (the 2022 Rule) on environmental, social, and governance (ESG)...more

ArentFox Schiff

ESG Update: Texas Federal Court Cites Loper Bright in Upholding Biden-Era ESG 401(k) Investing Rule

ArentFox Schiff on

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew...more

The Wagner Law Group

Update – Recent Developments in Forfeiture Cases

The Wagner Law Group on

The Wagner Law Group continues to monitor the recent flood of retirement plan “forfeiture” litigation. This alert is our eighth update reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses...more

Jackson Lewis P.C.

Tobacco Surcharge Litigation Flares Up

Jackson Lewis P.C. on

Although the Department of the Treasury, Department of Labor, and Department of Health and Human Services believe that wellness programs are delivering on their promise of improving health and reducing costs, one type has...more

Ropes & Gray LLP

State ESG Update and Analysis for Asset Managers and Financial Institutions

Ropes & Gray LLP on

As we discussed in our white paper “ESG and Public Pension Investing in 2023: A Year-to-Date Recap and Analysis”, there was a surge in legislative activity in 2023 among red states curtailing the use of environmental, social...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

Snell & Wilmer on

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (52): The Loper Bright Decision and What it Means for DOL Exemptions (2)

As I explained in my last post, Fiduciary Rule 51, I have been asked whether the Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce et al. could affect the outcome of the litigation...more

Lathrop GPM

Retirement Security Fiduciary Rule Stayed

Lathrop GPM on

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary...more

Jackson Lewis P.C.

Fifth Circuit Remands ESG Rule in First ERISA Test Case Post-Chevron

Jackson Lewis P.C. on

In its recent decision in State of Utah v. Su, the Fifth Circuit remanded a challenge to the Department of Labor’s (DOL) environmental, social, and governance (ESG) rule for investing in defined contribution retirement plans...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates – August 2024

Regulatory Updates - Governor Newsom (D-CA) recently proposed a two-year delay to California’s sweeping new mandatory climate disclosures, which apply to all large companies—public or private—doing business in California....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - July 2024

The July Monthly Minute considers the impact of the Supreme Court’s Loper decision in overturning the longstanding Chevron deference standard, along with a district court case awarding penalties for failing to produce plan...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

Mayer Brown

ERISA Cases in a Post-Chevron World

Mayer Brown on

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled...more

FordHarrison

[Webinar] Chevron Deference Overruled by SCOTUS: Understanding the Potential Legal Implications - July 30th, 1:00 pm - 2:00 pm ET

FordHarrison on

On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to...more

Jackson Lewis P.C.

The End of Chevron Deference and the Anticipated Impact on Withdrawal Liability

Jackson Lewis P.C. on

The U.S. Supreme Court recently overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. (See “Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’...more

Jackson Lewis P.C.

Where Does the End of Chevron Deference Leave ERISA?

Jackson Lewis P.C. on

For the last 40 years, judges were required to defer to administrative agencies’ reasonable interpretations of ambiguous federal statutes under Chevron v. Natural Resources Defense Council. The Supreme Court upended that...more

FordHarrison

Chevron Deference is No More: ERISA, Employee Benefits and Executive/Equity Compensation Rule-Making is Likely to be Affected

FordHarrison on

The pushback has already begun in the ERISA, employee benefits and executive/equity compensation arena following the Supreme Court’s overruling of the Chevron deference standard for review of federal agency interpretation of...more

Morgan Lewis - ML Benefits

Impact on ERISA Regulation if Supreme Court Throws Chevron Deference Overboard

The US Supreme Court heard arguments on January 17 in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. In both cases, a commercial herring fishing company challenged a regulatory requirement that...more

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